{
  "url": "https://openlegislation.uk/council-tax-reduction-schemes-prescribed-requirements-england-regulations-2012/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/council-tax-reduction-schemes-prescribed-requirements-england-regulations-2012/schedule-2/paragraph-5.json",
  "legislation": "uksi/2012/2885",
  "legislation_title": "The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/council-tax-reduction-schemes-prescribed-requirements-england-regulations-2012",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to an applicant under this Part, a person is to be treated as being in receipt of any benefit for—\n(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 applies, any period during which, apart from the provision of those Regulations, he would be in receipt of that benefit; ...\n(b) any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the Employment and Training Act 1973, or by Skills Development Scotland, Scottish Enterprise or Highland and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 or for any period during which he is in receipt of a training allowance and\n(c) in the case of carer support payment, any period during which, apart from regulation 16 of the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that payment.\n(2) For the purposes of the carer premium under paragraph 9, a person is to be treated as being in receipt of a carer's allowance by virtue of sub-paragraph (1)(a) or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance or payment has been claimed remains in receipt of—\n(a) attendance allowance;\n(aa) pension age disability payment;\n(b) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the SSCBA;\n(c) the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;\n(ca) the care component of Scottish Adult Disability Living Allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;\n(d) the daily living component of personal independence payment paid at either rate prescribed in accordance with Part 4 of the Welfare Reform Act 2012;\n(e) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the DAWAP Regulations; or\n(f) an AFIP.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 2 para. 5(1)(a) omitted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Sch. 2 para. 5(1)(b) inserted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 2 para. 5(1)(c) inserted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 2 para. 5(2) substituted (10.2.2023 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023 (S.I. 2023/16), regs. 1(1), 7(5)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 2 para. 5(2) inserted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(b)(i)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 2 para. 5(2) inserted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Sch. 2 para. 5(2)(aa) inserted (11.2.2025 with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2025 (S.I. 2025/39), regs. 1(1), 6(5)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 2 para. 5(2)(ca) inserted (13.2.2026 with application in relation to financial years beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2026 (S.I. 2026/27), regs. 1(1), 6(5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 5 in force at 27.11.2012, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1979/597."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1988 (c. 19) and subsequently amended by section 29 of, and Part 1 of Schedule 7 to, the Employment Act 1989 (c. 38) and, in relation to Scotland only, section 47 of the Trade Union Reform and Employment Rights Act 1993 (c. 19)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1990 c. 35; section 2 was amended by section 47 of the Trade Union Reform and Employment Rights Act 1993 (c. 19); article 4 of, and paragraph 100 of Schedule 2 to, S.I. 1999/1820; and paragraph 20 of Schedule 26 to the Equality Act 2010 (c. 15)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/2885/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-29T01:13:07.880127+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}